Mayor & Council

MINUTES OF A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF MADISON February 11, 2013 - 7 p.m. CALL TO ORDER The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 11th day of February, 2013. Mayor Conley called the meeting to order at 7 p.m. in the Committee Room of the Hartley Dodge Memorial, Kings Road, in the Borough of Madison. STATEMENT IN COMPLIANCE WITH THE OPEN PUBLIC MEETINGS ACT The Borough Clerk read the statement pursuant to the Open Public Meetings Act: “In compliance with the Open Public Meetings Act, adequate notice of this meeting of the Council was provided by transmitting a copy of the meeting notice to the Madison Eagle and Morris County Daily Record, posting a copy on the bulletin board at the main entrance of the Hartley Dodge Memorial, and filing a copy in the office of the Clerk, all on January 3, 2013. This Notice was made available to members of the general public.” ROLL CALL The Borough Clerk called the roll and the following acknowledged their presence: Mayor Robert H. Conley Council Members: Jeannie Tsukamoto Robert G. Catalanello Robert Landrigan Carmela Vitale Astri J. Baillie Benjamin Wolkowitz Also Present: Raymond M. Codey, Borough Administrator James E. Burnet, Assistant Borough Administrator Elizabeth Osborne, Borough Clerk Matthew J. Giacobbe, Esq. Borough Attorney AGENDA REVIEW There was approval of the Regular and Executive Agenda. READING OF CLOSED SESSION RESOLUTION Mrs. Vitale moved: RESOLVED, that the meeting be adjourned to an Executive Session to consider the following matters: MINUTES FOR APPROVAL (1) January 14, 2013 Date of public disclosure 60 days after conclusion, if disclosure required. CONTRACT MATTERS (2) MRC DEBT NOTE SALE GREEN VILLAGE ROAD SCHOOL PROERTY – PROJECT UPDATE Date of public disclosure 60 days after conclusion, if disclosure required. Regular Meeting Minutes – February 11, 2013 PERSONNEL MATTERS (2) POLICE DEPT RECORDS CLERK DEPARTMENT OF PUBLIC WORKS Date of public disclosure 90 days after conclusion, if disclosure required. LITIGATION MATTERS (1) STOP & SHOP TAX APPEAL Date of public disclosure 60 days after conclusion, if disclosure required. Seconded: Mrs. Tsukamoto Vote: Approved by voice vote RECONVENE IN COUNCIL CHAMBER Mayor Conley reconvened the Regular Meeting at 8 p.m. in the Council Chamber with all members present. The Pledge of Allegiance was recited by all. APPROVAL OF MINUTES Mrs. Vitale moved approval of the Executive Minutes of January 14, 2013. Mrs. Tsukamoto seconded the motion, which passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz Nays: None Mrs. Vitale moved approval of the Regular Meeting Minutes of January 14, 2013. Ms. Baillie seconded the motion, which passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz Nays: None GREETINGS TO PUBLIC Mayor Conley made the following comments: Mayor Conley noted that the First Annual Committee Leadership workshop was held Saturday, February 2, 2013, with excellent attendance. Mayor Conley announced that the Morris County Board of Chosen Freeholder will hold a regularly scheduled meeting in the Borough of Madison at the Hartley Dodge Memorial on Wednesday, April 24, 2013 at 7:30p.m. Oaths of Volunteer Firefighters Patrick W. DeBiasse and Joseph W. Gilmore were administered by Mayor Conley. Resolutions authorizing appointments were adopted at the January 28, 2013 Council meeting. Mayor Conley made the following announcement: Madison Fire Department Personnel – Employees of the Month for February For the members of the FMBA Local 74, for demonstrating a consistent commitment to work with the Borough Administration to introduce innovative approaches to PAGE 2 OF 17 Regular Meeting Minutes – February 11, 2013 reduce healthcare costs and labor costs, resulting in significant savings to Borough taxpayers. In addition, they simultaneously sought additional service opportunities to support the community, such as responding jointly on calls with the dedicated members of the Madison Volunteer Ambulance Corps, pursuing professional training as EMTs on their off time and most recently during Superstorm Sandy, creating and implementing the generator donation program which helped many families with young children and seniors who had lost electric power for a prolonged period of time. For the Volunteer Division, for the hundreds of hours of time donated to helping the citizens of Madison during Superstorm Sandy. During the first (8) days of Sandy, many of the support group firefighters, along with other volunteer members and career staff and their wives, cooked and prepared lunches for the out-of-state electric line crews helping to restore power faster and also answered phones at our OEM headquarters to calm and inform residents. Although we have a combination of paid and volunteer firefighters, they have a common bond and purpose – to continue the proud tradition of the Madison Fire Department as a first-class professional operation. REPORTS OF COMMITTEES Health Mrs. Vitale of the Committee made the following comments: Mrs. Vitale noted that flu vaccines are still available in the Health Department by appointment. The Employee Wellness program was held on January 29th with a very positive response. The next program will take place in May . The Healthy Bones program will hold training for those interested in instruction on March 19th and 21st. The Matter of Balance coaches training is available as well. Mrs. Vitale reminded residents to wear the color red in February in support of Women’s heart health awareness. Utilities Mrs. Tsukamoto, Chair of the Committee, made the following comments: Mrs. Tsukamoto reported that Electric Utility Department crews are continuing repairs of equipment damaged during Superstorm Sandy and will continue repairs for another 5 to 6 months. Public Works and Engineering Mr. Catalanello, Chair of the Committee, made the following comments: Mr. Catalanello reported that the Hoop House open house at the Community Gardens was canceled do to the recent snow storm and is rescheduled for Saturday, February 16th. Mr. Catalanello announced a public information meeting regarding improvements to Samson Avenue, to be held on February 25th at 6:00 p.m. Mr. Catalanello listed several capital projects that the Engineering Department is currently working on including a generator that was installed at the Candlewood pump station, MRC fencing project and Bayley Ellard site remediation plans, which will be discussed further. Mr. Catalanello noted that used furniture from the Hartley Dodge Memorial has been donated to Union Beach. Community Affairs Mr. Landrigan, Chair of the Committee, made the following comments: PAGE 3 OF 17 Regular Meeting Minutes – February 11, 2013 Mr. Landrigan reported that the Madison Chamber of Commerce has begun a new program intended to promote new businesses, beginning with a grass roots project to discover a new business for Madison. Mr. Landrigan noted that there will be more information to follow. Public Safety Ms. Baillie, Chair of the Committee, made the following comments: Ms. Baillie congratulated newly appointed volunteer Firefighters Patrick W. DeBiasse and Joseph W. Gilmore. Ms. Baillie reported that the fire department answered 10 calls last month and conducted 17 smoke alarm inspections. Ms. Baillie encouraged residents to donate toward the purchase of the 1921 Ahrens- Fox, model P-4, which was originally purchased and given to the Madison Fire Department by Geraldine Rockefeller Dodge. Donations may be sent directly to Fire Chief Louie DeRosa. Six Madison Police Officers recently underwent developmental disability training. The Police Department answered 2566 service calls in the month of January. Finance and Borough Clerk Mr. Wolkowitz, Chair of the Committee, made the following comments: Mr. Wolkowitz provided highlights of a recent budget hearing held January 30th. Mr. Wolkowitz reminded residents that there will be two additional budget hearings Thursday, February 21st and Saturday, March 2nd. Mr. Wolkowitz noted that the budget is not yet complete but the recommendation is for a 1.48% tax rate increase over last year’s budget, which is under the State allowable increase of 2%. The proposed budget has no increase in water or electric utility rates, no reduction in services and no layoffs or furloughs. The proposed budget does include $750,000 for capital projects. Mr. Wolkowitz noted that the municipal budget is roughly 24% of the tax bill to residents, with the largest portion raised for the school budget. COMMUNICATIONS AND PETITIONS The Borough Clerk announced receipt of the following communications: E-mail received February 11, 2013 from Steven McCann, Green Avenue regarding the Municipal Open Space tax. INVITATION FOR DISCUSSION (1 of 2) Mayor Conley opened the meeting to the public for their opportunity to ask questions and make comments on those items listed on the Agenda only. Mayor asked that, upon recognition by the Chair, the person shall proceed to the lectern and give his/her name and address in an audible tone of voice, and print the same on the sheet provided for the record. He/she shall limit his/her statement to three (3) minutes or less. Sam Cerciello, Park Avenue, asked for clarification of Resolution R 77-2013, authorizing a tax appeal settlement agreement for the 2009, 2010, 2011 and 2012 appeal entitled Rose City Associates. Mr. Cerciello also asked about a recent Madison Eagle article regarding the Pfizer Corporation. AGENDA DISCUSSIONS 02/11/2013-1 GREEN FORUM SUMMARY Betsy Uhlman, Chair person for the Madison Environmental Commission, provided a summary of the Green Forum, which took place January 24th at the Ehinger Center on the campus of Drew University, noting that over 100 participants came PAGE 4 OF 17 Regular Meeting Minutes – February 11, 2013 together to exchange ideas on how Madison could be more green. Many topics were discussed including walking and bicycle routes, reducing carbon foot printing, education and communication on green utilities, better use of recycling and bagging leaves. Ms. Uhlman noted that on March 2nd at the Madison Public Library there will be a presentation on Green Lawns. Ms. Uhlman announced that the Environmental Commission will hold a Green Fair on Thursday, May 9th. Ms. Uhlman thanked that many volunteers that participated in the Green Forum. 02/11/2013-2 NJDEP RECREATION TRAILS GRANT APPLICATION Borough Engineer Robert Vogel requested authorization for submission of an application to promote connections to the existing regional trails system and public walks to the Madison Recreation Center complex. There was no objection to listing a resolution authorizing submission of the grant application. Resolution R 81-2013 is listed on the Consent Agenda. 02/11/2013-3 APPROPRIATION OF $165,000.00 FOR PURCHASE OF A NEW DIGGER/DERRICK TRUCK FOR THE ELECTRIC DEPARTMENT There was no objection to Electric Utility Superintendent Michael Piano’s recommendation to appropriate $165,000 from the Electric Capital Improvement fund for the purchase of a new digger/derrick truck to enhance the capabilities of the Electric department’s operation. Ordinance 2-2013 is listed for introduction. 02/11/2013-4 POST SUPERSTORM SANDY BOROUGH TREE REMOVAL ACTIVITIES Mr. Burnet explained that Drew University is using a logger from Pennsylvania to remove major trees from their property, in exchange for the lumber, as a way to reduce the costs to clear debris from Superstorm Sandy. Mr. Burnet will return to Council with additional information regarding the contractor and specific areas, such as Pomeroy Road and behind the Public Library, that may benefit from the logging services at a substantial savings to the Borough. ADVERTISED HEARINGS The Clerk made the following statement: The ordinance scheduled for hearing tonight was submitted in writing at a Regular meeting of the Mayor and Council held on January 28, 2013, was introduced by title and passed on first reading, was published in the Madison Eagle and made available to members of the general public requesting same. Mayor Conley called up Ordinance 1-2013 for second reading and asked the Clerk to read said ordinance by title: ORDINANCE 1-2013 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATING $50,000.00 FROM THE GENERAL CAPITAL IMPROVEMENT FUND FOR REPAIR OF THE DEPARTMENT OF PUBLIC WORKS GARAGE ROOF PAGE 5 OF 17 Regular Meeting Minutes – February 11, 2013 WHEREAS, the Superintendent of Public Works has recommended that the Borough appropriate $50,000.00 from the General Capital Improvement Fund for replacement of the Department of Public Works garage roof damaged in recent Superstorm Sandy; and WHEREAS, the Chief Financial Officer has attested to the availability of funds in the General Capital Improvement Fund in an amount not to exceed $50,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $50,000.00 from the General Capital Improvement Fund for replacement of the garage roof. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: SECTION 1: The amount of $50,000.00 is hereby appropriated from the General Capital Improvement Fund for the replacement of the garage roof. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mayor Conley opened up the public hearing on Ordinance 1-2013. Sam Cerciello, Park Avenue, stated that the Borough needs to change how they do business with regards to public bidding. Mr. Cerciello was reminded that the Borough has to follow Local Public Contract laws. Since no other member of the public wished to be heard, the public hearing was closed. Mrs. Tsukamoto moved that Ordinance 1-2013, which was read by title, be finally adopted. Mrs. Vitale seconded the motion. There was no further Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz Nays: None Mayor Conley declared Ordinance 1-2013 adopted and finally passed and ordered the Clerk to publish the notice thereof in the newspaper and to record the ordinance as required by law. INVITATION FOR DISCUSSION (2 of 2) Mayor opened the meeting to the public for their opportunity to ask questions and make comments on any subject. Mayor asked that, upon recognition by the Chair, the person shall proceed to the lectern and give his/her name and address in an audible tone of voice, and print the same on the sheet provided for the record. He/she shall limit his/her statement to three (3) minutes or less. PAGE 6 OF 17 Regular Meeting Minutes – February 11, 2013 Lisa Ellis, Brittin Street, noted that the Board of Education would like to keep the School budget under the 2% state cap but the Board is at the mercy of State Aid, new State mandates and other items that will form the school budget. Sam Cerciello, Park Avenue, asked that the ordinance regarding snow removal from sidewalks be enforced. Mr. Cerciello commented on a letter that recently appeared in the Madison Eagle, written by Mrs. Tsukamoto and Mr. Catalanello. Mr. Cerciello asked if Council members can submit letters to the local newspaper. Mr. Giacobbe stated that Council members retain their First Amendment rights, and recommended that Council members specify that they are writing to the Editor of the paper on their own behalf, not representing the Council as a whole. Don Brunner, Redmond Drive, asked about overtime pay for snow removal by the Department of Public Works. INTRODUCTION OF ORDINANCES The Clerk made the following statement: The ordinance scheduled for introduction and first reading tonight will have a hearing during the meeting of February 25, 2013 in the 2nd Floor Council Chamber of the Hartley Dodge Memorial Building, Kings Road, in the Borough of Madison at 8 p.m., or as soon thereafter as practical, for further consideration and final adoption. Said ordinance will be published in the Madison Eagle, be posted at the main entrance to the Borough offices and be made available to members of the public requesting same, as required by law. Mayor Conley called up Ordinance 2-2013 for first reading and asked the Clerk to read said ordinance by title: ORDINANCE 2-2013 ORDINANCE OF THE BOROUGH OF MADISON APPROPRIATION $165,000.00 FROM THE ELECTRIC CAPITAL IMPROVEMENT FUND FOR THE PURCHASE OF A NEW DIGGER/DERRICK TRUCK WHEREAS, the Electric Utility Superintendent has recommended that the Borough appropriate $165,000.00 from the Electric Capital Improvement Fund for the purchase of a new digger/derrick truck and related equipment; and WHEREAS, the Chief Financial Officer has attested to the availability of the funds in the Electric Capital Improvement Fund in an amount not to exceed $165,000.00 for this purpose; and WHEREAS, the Borough Council has determined that the Borough should appropriate $165,000.00 from the Electric Capital Improvement Fund for the purchase of a new digger/derrick truck and related equipment. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey, as follows: PAGE 7 OF 17 Regular Meeting Minutes – February 11, 2013 SECTION 1: The amount of $165,000.00 is hereby appropriated from the Electric Capital Improvement Fund for the purchase of a new digger/derrick truck and related equipment. SECTION 2: The budget of the Borough is hereby amended to conform with the provisions of this Ordinance. SECTION 3: This Ordinance shall take effect as provided by law. Mrs. Tsukamoto moved that Ordinance 2-2013, which the Borough Clerk read by title, be adopted. Mrs. Vitale seconded the motion. There was no Council discussion, and the motion passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz Nays: None CONSENT AGENDA RESOLUTIONS The Clerk made the following statement: Consent Agenda Resolutions will be enacted with a single motion; any Resolution requiring expenditure is supported by a Certification of Availability of Funds; any Resolution requiring discussion will be removed from the Consent Agenda; all Resolutions will be reflected in full in the minutes. Mrs. Vitale moved adoption of the Resolutions listed on the Consent Agenda. Mrs. Tsukamoto seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz Nays: None R 74-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RENEWAL OF TAXI OWNERS LICENSE FOR TRAVELERS TAXI OF MADISON, LLC FOR 2013 BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following Taxi Owner’s License renewal be approved for the year 2013: 2013 LICENSE NO. NAME VEHICLE 13-11 John J. Patrisco, Jr., t/a 1 Taxi Travelers Taxi of Madison, LLC 31 Kings Road, Madison R 75-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING RENEWAL OF TAXI DRIVER’S PERMIT FOR 2013 PAGE 8 OF 17 Regular Meeting Minutes – February 11, 2013 BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the following Taxi Driver's Permit renewal be approved for the year 2013: 2013 LICENSE NO. NAME 13-2D John J. Patrisco, Jr. Travelers Taxi of Madison LLC R 76-2013 RESOLUTION OF THE BOROUGH OF MADISON OPPOSING ASSEMBLY BILL A-1196, REGARDING WORKERS’ COMPENSATION FOR PUBLIC SAFETY WORKERS WHEREAS, Public safety employees and volunteers should be adequately compensated for on-duty accidents and illnesses; and WHEREAS, New Jersey’s current Workers’ Compensation law is already one of the broadest in the country; and WHEREAS, A-1196, as currently drafted, will make it almost impossible to contest claims from injuries and illnesses caused off-the-job; and WHEREAS, this bill places the burden of proof on governmental employers to establish that an injury or illness, such as cancer, heart attack or hyper tension did not occur on the job; and WHEREAS, the actuary for the Municipal Excess Liability Joint Insurance Fund (MEL) has estimated that A-1196 could easily double municipal Workers’ Compensation expense of $400 million per year; and WHEREAS, the MEL and the League of Municipalities have offered to sit down with the supporters of this legislation to develop less expensive ways of improving the compensation to first responders; NOW THEREFORE BE IT RESOLVED that the Governing Body of the Borough of Madison urges the legislature to reject A-1196 and urges the supporters of this legislation to work with the MEL and the League of Municipalities to develop less expensive ways to improve compensation to first responders; and BE IT FURTHER RESOLVED that the Municipal Clerk is hereby directed to send certified copies of this resolution to Senate President Sweeney, Assembly Speaker Oliver, their Assembly representatives and Senator, Governor Christie and the League of Municipalities. R 77-2013 RESOLUTION OF THE MAYOR AND BOROUGH COUNCIL OF THE BOROUGH OF MADISON IN THE COUNTY OF MORRIS AUTHORIZING SETTLEMENT OF THE 2009, 2010, 2011 AND 2012 TAX APPEAL ENTITLED ROSE CITY ASSOCIATES LP OF NJ V. BOROUGH OF MADISON, DOCKET NOS.: 010291-2009, 000565-2010, 000212-2011, 001650-2012 OF THE TAX ASSESSMENT OF BLOCK 2601, LOT 10.01, QUALIFIER C-001, KNOWN AS MAIN STREET, AND BLOCK 2601, LOT 4, KNOWN AS 10 PROSPECT STREET, IN THE BOROUGH OF MADISON, MORRIS COUNTY, NEW JERSEY PAGE 9 OF 17 Regular Meeting Minutes – February 11, 2013 WHEREAS, an appeal of the real property tax assessment for tax years 2009, 2010, 2011 and 2012 involving Block 2601, Lot 10.01, Qualifier C-001 and Block 2601, Lot 4 has been filed by the Taxpayer, Rose City Associates LP of NJ; and WHEREAS, the proposed Stipulation of Settlement, a copy of which is incorporated herein as if set forth at length, has been reviewed and recommended by the Borough Tax Assessor and Borough Tax Expert; and WHEREAS, settlement of said matter is more fully set forth below is in the best interest of the Borough of Madison. NOW, THEREFORE, BE IT RESOLVED, by the Borough of Madison, New Jersey, as follows: 1. Settlement of the 2009 tax appeal is hereby authorized as follows: Main Street Block 2601, Lot 10.01 Qualifier C-001 Year: 2009 Original Assessment County Board Judgment Settlement Amount Land: $5,000,000 N/A $5,000,000 Imprvts $5,572,200 N/A $4,000,000 Total: $10,572,200 N/A $9,000,000 2. Settlement of the 2009 tax appeal is hereby authorized as follows: 10 Prospect Street Block 2601, Lot 4 Year: 2009 Original Assessment County Board Judgment Settlement Amount Land: $1,040,000 N/A $1,040,000 Imprvts: $0.00 N/A $0.00 Total: $1,040,000 N/A $1,040,000 3. Settlement of the 2010 tax appeal is hereby authorized as follows: Main Street Block 2601, Lot 10.01 Qualifier C-001 Year: 2010 Original Assessment County Board Judgment Settlement Amount PAGE 10 OF 17 Regular Meeting Minutes – February 11, 2013 Land: $5,000,000 N/A $5,000,000 Imprvts: $5,572,200 N/A $4,000,000 Total: $10,572,200 N/A $9,000,000 4. Settlement of the 2010 tax appeal is hereby authorized as follows: 10 Prospect Street Block 2601, Lot 4 Year: 2010 Original Assessment County Board Judgment Settlement Amount Land: $1,040,000 N/A $1,040,000 Imprvts: $0.00 N/A $0.00 Total: $1,040,000 N/A $1,040,000 5. Settlement of the 2011 tax appeal is hereby authorized as follows: Main Street Block 2601, Lot 10.01 Qualifier C-001 Year: 2011 Original Assessment County Board Judgment Settlement Amount Land: $5,000,000 N/A $5,000,000 Imprvts: $5,572,200 N/A $4,000,000 Total: $10,572,200 N/A $9,000,000 6. Settlement of the 2011 tax appeal is hereby authorized as follows: 10 Prospect Street Block 2601, Lot 4 Year: 2011 Original Assessment County Board Judgment Settlement Amount Land: $1,040,000 N/A $1,040,000 Imprvts: $0.00 N/A $0.00 Total: $1,040,000 N/A $1,040,000 PAGE 11 OF 17 Regular Meeting Minutes – February 11, 2013 7. Settlement of the 2012 tax appeal is hereby authorized as follows: Main Street Block 2601, Lot 10.01 Qualifier C-001 Year: 2012 Original Assessment County Board Judgment Settlement Amount Land: $5,000,000 N/A $5,000,000 Imprvts $5,572,200 N/A $4,000,000 Total: $10,572,200 N/A $9,000,000 8. Settlement of the 2012 tax appeal is hereby authorized as follows: 10 Prospect Street Block 2601, Lot 4 Year: 2012 Original Assessment County Board Judgment Settlement Amount Land: $1,040,000 N/A $1,040,000 Imprvts: $0.00 N/A $0.00 Total: $1,040,000 N/A $1,040,000 All municipal officials are hereby authorized to take whatever action may be necessary to implement the terms of this Resolution and authorizes the Borough Tax Appeal Attorney to enter into the Stipulation of Settlement as provided by Taxpayer. R 78-2013 RESOLUTION OF THE BOROUGH OF MADISON URGING THE GOVERNOR TO SUPPORT THE EXPANSION OF NEW JERSEY’S MEDICAID PROGRAM AS PROVIDED UNDER THE FEDERAL “PATIENT PROTECTION AND AFFORDABLE CARE ACT.” WHEREAS, the federal “Patient Protection and Affordable Care Act,” (ACA), Pub. L. 111-148, enacted into law on March 23, 2010, and amended by the federal “Health Care and Education Affordability Reconciliation Act of 2010,” Pub.L.111- 152, enacted into law on March 30, 2010, provides New Jersey with the opportunity, effective January 1, 2014, to increase its Medicaid income eligibility limit to 133 % of the federal poverty level for all non-elderly adult citizens and lawful residents; thus providing the State with the opportunity to come together in a bipartisan manner and for the first time ensure that New Jersey adults at all income levels have access to health insurance coverage; PAGE 12 OF 17 Regular Meeting Minutes – February 11, 2013 WHEREAS, New Jersey’s participation in the Medicaid expansion would make 307,000 adults without health insurance eligible for Medicaid. Currently, about one of every four New Jersey adults without dependents lacks health insurance making up 60% of all non-elderly uninsured in the State; WHEREAS, the ACA provides an enhanced federal match for those states that participate in the Medicaid expansion, under which the federal match for State funds expended on newly eligible persons will be 100% from 2014-2016 with a phase down to 90% in 2020 and subsequent years; thus costing New Jersey taxpayers zero in 2014-2016, with an additional budget savings if New Jersey maintains current coverage for thousands of adults that are currently eligible under State law; WHEREAS, without the Medicaid Expansion persons with incomes of less than 100% of the federal poverty level will not be eligible to receive subsidies to purchase insurance on a health-insurance exchange and will thus have no ability to secure coverage, WHEREAS, the major increase in federal funding (approximately $2 billion annually) associated with the Medicaid Expansion will stimulate New Jersey’s economy, creating well-paid jobs, increasing worker-productivity for newly-insured employees, and permitting small businesses to provide coverage to their employees; WHEREAS, NJ citizens, as federal taxpayers, will have to pay the Medicaid expansion costs incurred by the federal government in other states, so they should not forego the benefit of those federal tax dollars in NJ; WHEREAS, a study published in The New England Journal of Medicine in July 2012 concludes that state Medicaid expansions to cover low-income adults were significantly associated with reduced mortality and improved health status; and WHEREAS, New Jersey’s participation in the ACA Medicaid Expansion will help its hospitals by reducing the number of charity care patients and thus guaranteeing hospitals that they will be paid the Medicaid rate for eligible individuals they assist rather than relying on state payments that vary widely year-to-year; BE IT RESOLVED BY THE governing body of the Borough of Madison that: 1. This municipality urges the Governor to support the expansion of the New Jersey Medicaid program as provided for under the federal “Patient Protection and Affordable Care Act,” (ACA), Pub. L. 111-148, and amended by the federal “Health Care and Education Affordability Reconciliation Act of 2010,” Pub.L.111-152. Duly authenticated copies of this resolution, signed by the Mayor and attested by the Clerk of the Borough of Madison, shall be transmitted to the Governor. R 79-2013 RESOLUTION OF THE BOROUGH OF MADISON ACCEPTING DONATION OF A PING PONG TABLE FOR THE MADISON SENIOR CENTER BY PETER VERNON WHEREAS, Mr. Peter Vernon has generously offered to donate a ping pong table to the Madison Senior Center; and WHEREAS, the Borough Council has concluded that it would be in the best interest of the Borough to accept the donated ping pong table. PAGE 13 OF 17 Regular Meeting Minutes – February 11, 2013 NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison in the County of Morris in the State of New Jersey that the Borough accepts the donation of the above described ping pong table. BE IT FURTHER RESOLVED that the Borough of Madison expresses its gratitude to Peter Vernon for his generous donation. R 80-2013 RESOLUTION OF THE BOROUGH OF MADISON ACCEPTING DONATION OF A DVR PLAYER FOR THE MADISON SENIOR CENTER BY MEMBERS OF THE GREAT DECISIONS DISCUSSION GROUP WHEREAS, the members of the Great Decisions Discussion Group have generously offered to donate a DVR player to the Madison Senior Center; and WHEREAS, the Borough Council has concluded that it would be in the best interest of the Borough to accept the donated DVR player. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison in the County of Morris in the State of New Jersey that the Borough accepts the donation of the above described DVR player. BE IT FURTHER RESOLVED that the Borough of Madison expresses its gratitude to the members of the Great Decisions Discussion Group for their generous donation. R 81-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SUBMISSION OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION 2013 RECREATIONAL TRAILS GRANT APPLICATION WHEREAS, the Borough Engineer has recommended that the Borough Council authorize the submission of a Grant Application to the New Jersey Department of Environmental Protection for a 2013 Recreational Trails Grant to promote connection of existing regional trails systems and public walks at the Madison Recreation Center property; and WHEREAS, the Borough Council has determined it is appropriate to authorize the submission of a Grant Application to the New Jersey Department of Environmental Protection for a 2013 Recreational Trails Grant and authorize a matching grant by in-kind services and labor as allowed by the State and as described in the attachment hereto. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, in the County of Morris in the State of New Jersey that the Borough Engineer is hereby authorized and directed on behalf of the Borough to sign and PAGE 14 OF 17 Regular Meeting Minutes – February 11, 2013 submit a Grant Application to promote connection of existing regional trails systems and public walks at the Madison Recreation Center property. R 82-2013 RESOLUTION OF THE BOROUGH OF MADISON AUTHORIZING SEVENTH ANNUAL MADISON HIGH SCHOOL EDUCATIONAL FOUNDATION RUN ON SUNDAY, MAY 5, 2013 WHEREAS, the Madison High School Educational Foundation has submitted a request to hold a “5K run” in Madison on Sunday, May 5, 2013; and WHEREAS, the run will begin at 10:00 a.m. from the Madison High School on Ridgedale Avenue to Central Avenue to Walnut Street to Ridgedale Avenue and end at 12:00 p.m., on the Madison High School Grounds; and WHEREAS, Traffic Safety Officer Sgt. John Keymer recommends approval of this request. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Madison, County of Morris, State of New Jersey, that the request of the Madison High School Educational Foundation to hold a 5K run in Madison on Sunday, May 5, 2013, as described herein is hereby approved, subject to any safety requirements imposed by the Madison Police Department. R 83-2013 RESOLUTION OF THE BOROUGH OF MADISON APPROVING THE HIRING OF LISA DITARANTO AS A PER DIEM RECORDS CLERK IN THE MADISON POLICE DEPARTMENT WHEREAS, Police Chief Darren Dachisen has recommended that Lisa DiTaranto be hired as a part-time, per diem records clerk in the Police Department, and be compensated at a rate of $12.00 per hour; and WHEREAS, the Police Department requires additional part time personnel to staff the Police records department, due to increase volume in records requests; and WHEREAS, per diem employees do not receive any health or pension benefits and are funded in the proposed 2013 Police Department operating budget; and WHEREAS, the Borough Council agrees with said recommendation. NOW, THEREFORE, BE IT RESOLVED that the hiring of Lisa Di Taranto as a part-time, per diem recorders clerk at the Madison Police Department, at a rate of compensation of $12.00 per hour, not to exceed twenty (20) hours per week, is hereby approved. PAGE 15 OF 17 Regular Meeting Minutes – February 11, 2013 R 84-2013 RESOLUTION OF THE BOROUGH OF MADISON ACCEPTING THE RESIGNATION OF RALPH SANDELLO AS AN EMPLOYEE OF THE DEPARTMENT OF PUBLIC WORKS WHEREAS, Ralph Sandello has been employed by the Borough of Madison Department of Public Works; and WHEREAS, Mr. Sandello has resigned his position with the Borough of Madison effective immediately; and WHEREAS, the Borough Council wishes to accept the resignation of Ralph Sandello effective February 11, 2013. NOW, THEREFORE, BE IT RESOLVED that the resignation of Ralph Sandello is hereby accepted effective February 11, 2013. UNFINISHED BUSINESS - None APPROVAL OF VOUCHERS On motion by Mrs. Vitale seconded by Mrs. Tsukamoto and carried, the following vouchers of the Borough of Madison were approved for payment, and the supporting documentation of said vouchers was made part of the Supplemental Minute Book. Public Safety $17,699.03 Health & Public Assistance 2,280.25 Public Works & Engineering 233,179.53 Community Affairs 5,591.56 Finance & Borough Clerk 5,217,348.78 Utilities 178,407.25 Total $5,654,506.40 The following roll call vote was recorded approving the aforementioned vouchers: Yeas: Mrs. Tsukamoto, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz Nays: None NEW BUSINESS Mayor Conley announced the following appointment of Wayne Lajewski, MD and Carmen Romano, DC to serve as Municipal Physicians to the Office of Emergency Management (OEM) Mrs. Vitale moved the appointments of Dr. Lajewski and Dr. Romano as Municipal Physicians to the Office of Emergency Management (OEM). Ms. Baillie seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded: Yeas: Mrs. Tsukamoto, Mr. Catalanello, Mr. Landrigan. Mrs. Vitale, Ms. Baillie, Mr. Wolkowitz Nays: None PAGE 16 OF 17 Regular Meeting Minutes – February 11, 2013 ADJOURN There being no further business to come before the Council, the meeting was adjourned at 9:40 p.m. Respectfully submitted, Elizabeth Osborne Borough Clerk Approved April 1, 2013 (EO) PAGE 17 OF 17